People v. Moore

The defendant was convicted of an assault with intent to commit rape. His appeal from the judgment, and from an order denying his motion for a new trial presents the single question whether there was credible evidence of any facts which would warrant the inference that the de fendant was actuated in what he did by the alleged felonious intent. The justices of the district court of appeal, having been unable to agree upon this point, it remains to be decided here.

There is a sharp conflict in the evidence as to the "character and circumstances of the assault, and especially between the…